The Supreme Court while hearing a criminal appeal no. 1485 of 2008, on January, 7 2014 ordered that in the culmination of a criminal case in acquittal, the concerned investigating, prosecuting official or officials responsible for such acquittal must necessarily be identified.
“A finding need to be recorded in each case whether the lapse was innocent or blameworthy. Each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for," the apex court said.
Besides, the court directed the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating, prosecuting officials or officers.
All such erring officials or officers identified as responsible for failure of a prosecution case on account of sheer negligence or because of culpable lapses must suffer departmental action, the court said in its order.
The Supreme Court expressed concern over the growing number of acquittals due to poor investigation and directed all State Governments to put in place a mechanism within six months for proper training of its officers to ensure the accused is punished and at the same time innocent persons are not framed in criminal cases.
The court said, “Every acquittal in a criminal case should be understood as a failure of the justice delivery system and in serving the cause of justice.”
“It is, therefore, essential that every State should put in place a procedural mechanism which would ensure that the cause of justice is served, which would simultaneously ensure the safeguarding of interest of those who are innocent," the court added.
Further, the court ordered Home Department of every State to examine all orders of acquittal and to record reasons for the failure of each prosecution case for finding out mistakes committed during investigation and prosecution.
The apex court directed that all State Governments incorporate in its existing training programmes for junior investigation, prosecution officials’ course-content drawn from the analysis of such cases.
“We further direct that the above training programme be put in place within six months. This would ensure that those persons who handle sensitive matters concerning investigation, prosecution are fully trained to handle the same. Thereupon, if any lapses are committed by them, they would not be able to feign innocence when they are made liable to suffer departmental action for their lapses,” the court said.
However, even though in the meantime three years have passed, the Odisha Home Department has taken no steps to implement the Supreme Court order.
Meanwhile, social organisation Human Rights Watch secretary Sangita Swain while seeking implementation of the Supreme Court order has sought information from the State Home Department Secretary, through RTI procedure for taking action against erring investigating, prosecuting official, officers’ according to the aforesaid order. But the department is yet to give her the required information.